Excelsior Correspondent
JAMMU, Sept 29: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today directed the Law Secretary to pay two and a half days salary as monthly allowance to the drivers of the High Court.
The direction was passed in a bunch of petitions filed by drivers of J&K High Court attached with Chief Justice and Judges of the High Court seeking direction to the respondents to grant and pay monthly allowance equivalent to two and half days pay retrospectively as granted in favour of drivers working in other Government departments on the basis of the Government Order No.274-H&ME of 1991 dated 04.03.1991 and as approved by the Full Court Resolution dated 29.08.2009.
After hearing both the sides, DB observed, “before this court also a question arose with regard to up-gradation of pay scales of Data Entry Operators. The Data Entry Operators appointed in the High Court were being paid lower pay scale than their counterparts working in the State Government Departments. The Full Court had recommended up-gradation of pay scales of the Data Entry Operators to the State Government”.
“As no action was taken by the State Government, the Data Entry Operators working in the High Court filed petitions, which were allowed by Single Bench at Jammu by a common order dated 27.01.2000. The appeal against the order of the Single Judge was dismissed by Division Bench on 11.06.2002. The Special Leave Petition preferred by the State was also dismissed by the Supreme Court on 08.10.2002”, the DB said.
“Therefore, the impugned order denying two and a half days salary per month to the petitioners/ drivers attached with the Judges and officers of the Registry inspite of the approval granted by the Full Court is unsustainable”, the DB observed.
Accordingly, DB set-aside the impugned order with the direction to the Commissioner Secretary Law Department to sanction and pay two and a half days salary as monthly allowance to the drivers of the High Court who are attached with the Chief Justice, Judges, Registry Officers and the Protocol Wing of the High Court from the date of the Full Court Resolution dated 29.08.2009.
“The arrears payable shall be calculated and paid to the drivers after getting a list from Registrar General within six weeks from the date of receipt of copy of this order”, the DB directed.
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